Council of the Municipality of Murrysville

Regular Voting Meeting – Wednesday, July 6, 2016 Council of the Municipality of Murrysville held a Regular Voting Meeting on Wednesday, July 6, 2016 at 7:00 p.m. in the Municipal Building. Present at the meeting were Council members Jeffery Kepler, Jamie Lee, Tony Spadaro, Joan Kearns, David Perry, and Josh Lorenz. Councilman Loren Kase was not in attendance. Also present were Mayor Robert Brooks, Chief Administrator James Morrison, Solicitor George Kotjarapoglus, Municipal Planner Allen Cohen, and Municipal Engineer Joe Dietrick. MAYOR BROOKS WELCOMES MARY BACH Mayor Brooks invited Mary Bach to come forward and noted her prior service on Murrysville Council and the Franklin Regional School Board. He told of her efforts as an advocate for AARP, the State, and residents regarding incorrect pricing for items at business establishments. Mrs. Bach thanked the Mayor for the recognition and went on to tell of some the lawsuits she has initiated against major retailers (including Delmont Wal-Mart) for repetitive overcharges. She is also working on behalf of AARP to educate consumers about a wide variety of fraud issues, including those used by telemarketers. She explained that this is her avocation and she has a real passion for what she does; she works at this like a full-time job and travels extensively, all with no pay. Mrs. Bach’s husband, Leonard (aka Mr. Mary), said his wife is very modest and doesn’t tell anyone how much she does in a volunteer capacity. She travels approximately 20,000 miles a year to do presentations and donates 2,000 to 3,000 hours. He said he is very proud of her and all that she does. Mayor Brooks presented Mrs. Bach a citation and thanked her for her work as a consumer advocate. REGULAR VOTING MEETING AGENDA UNISTED AMENDMENTS: None Mr. Kepler moved to approve the agenda as presented. Mr. Lorenz seconded. All present voted aye. Motion approved. CONSENT CALENDAR ITEMS: A. JUNE 1, 2016 MEETING MINUTES TO BE APPROVED Mr. Kepler moved to approve the Consent Calendar items. Ms. Lee seconded. All present voted aye. Motion approved. COMMUNITY INPUT: Frank Amato of 4303 Michel Ct., a member of the Les Chateaux Housing Association Board, read a statement on behalf of the homeowners regarding preferred setbacks at fracking sites. A copy of Mr. Amato’s presentation is on file at the Municipal office. Chet Smolenski, 3818 Windover Road, also addressed the setback issue and asked each Council member to respond to his specific question as to how each of them would defend the 800 ft. minimum setback and their criteria for same. Mr. Smolenski left a copy of his comments and Council will review same for comments. car 7/22/2016 Regular Voting Meeting – Wednesday, July 6, 2016 Mr. Morrison said that there needs to be clarification as to distance and how it relates to the Murrysville ordinance. The state distance is from the well bore of the hole; the Municipality’s proposed 800 ft. distance is from the edge of the disturbance, so that’s a minimum distance – 800 ft. plus - depending on where the well bore is located. A copy of Mr. Smolenski’s comments is on file at the Municipal office. Bob Whitesides of 5083 Ashbaugh Road had previously come before Council to discuss issues regarding natural gas leaks on Ashbaugh Road. After receiving assistance from staff, Mr. Whitesides contacted Rep. Evankovich and eventually received a call from a PUC representative (safety supervisor) requesting Mr. Whitesides’ attendance at a meeting on Ashbaugh Road on June 9. The PUC representative, plus 3 PNGCO representatives, were in attendance. The PNGCO representatives advised that a plan is in place to replace the gas line on Ashbaugh Rd. from near Saltsburg Rd. east to Rt. 366 (2,000 ft.) sometime before winter. Mr. Whitesides also discussed with the representatives the condition of the road from Saltsburg to Mamont and was told that, because of funding, there will be very little work done on that section of road and suggested that Murrysville pave it and when PNGCO is able to do the work, the company will fix the road. Council thanked Mr. Whitesides for his diligence. Cindy Gesuale, 3051 Hoy Farm Court, expressed concerns with the draft oil and gas ordinance and how staff will monitor compliance by drilling companies in connection with the new Chapter 78 regulations and the Environmental Rights Amendment of the PA Constitution. She asked why a drilling company must submit a gas transmission plan for zoning approval, when there are normally several different companies involved – (1) drilling, (2) gathering, (3) transmission. She urged Council to follow the State’s recommended 500-foot setback requirement. A copy of Ms. Gesuale’s comments is on file at the Municipal office. Mr. Morrison replied and stated that there is a Commonwealth decision which defines the test as to what meets the health & safety provisions under that particular Amendment of the Constitution. Part of Murrysville’s ordinance is that the Municipality abides by all State and Commonwealth decisions. Staff believes that the State requirement of 500 feet is a minimum and Murrysville has the ability, under the recent Supreme Court decision, to regulate zoning and setbacks are part of zoning. Kathleen Borres of 6371 Kemerer Hollow Road questioned permitting fracking in the overlay district and cited a case scheduled to be heard by the Supreme Court. She asked if Council will consider a moratorium until the Court makes a decision on this case. She asked if Council is certain the overlay district, as it pertains particularly to fracking, will hold up in a court of law and not violate sections in the PA Constitution specific to zoning. Mr. Morrison said staff is comfortable with the overlay as a proper zoning technique and will follow court cases. At no time was it stated that current draft ordinance is a final version and staff will be directed by the courts. Mr. Perry asked what would happen if an application is received prior to the court case being decided and, for example, the court decides that an RA district is unacceptable to drilling. The Solicitor will research this and it will be discussed at a future time. Michele Clarke, 5180 Mamont Road, said she is unsure what the drilling companies consider “best practices.” She wants to make sure that Murrysville’s ordinance means best practices “at the time of the application or at car 7/22/2016 Regular Voting Meeting – Wednesday, July 6, 2016 the time of the drilling” so that staff knows what the best practices are at that time. She asked noted that the 800 foot setback can be increased if triggered by certain factors (wind patterns, slope, terrain, etc.) and asked if there were factors that would trigger a shorter setback and would like those factors better defined. She also asked for more specific monitoring language – not just during the drilling, but years in the future. She suggested that the landowners and drillers who are earning income from the drilling be required to contribute to a fund to hire inspectors to monitor the lines. Mr. Morrison presented a lengthy document which is a collation of best management practices. Staff chose to look at 6 different groups – 2 state-related, 2 environmentally-related and 2 business-related – and those documents will be provided to Council for review. He said that drilling is a conditional use process and increasing or reducing setback requirements will be based on the evidence presented. Mr. Morrison said the pipelines are two different issues: the pipelines referenced by Mr. Whitesides are regulated by the PUC and the Municipality has no control over that; the gathering and transmission lines to intrastate lines are lines that are developed by administering companies and privately held. The State is in the process of developing guidelines and regulations for the non-PUC regulated private lines and staff will continue to follow those guidelines. Municipal Planner Allen Cohen added that the Best Management Practices will be added to the ordinance as an appendix, which will reference the sources of the BMPs and will be updated as the identified groups update those practices. As to the reduction in setbacks, that is under the authority of the Zoning Hearing Board and the applicant can seek the reduction by application to the ZHB. Mr. Kepler asked about the process to update the appendix, since it is fluid, and whether it would have to go through public hearings and the same process as the ordinance. Mr. Cohen said it would not since it is just a reference. Mr. Kepler asked again what the process would be to update and if it would have to come back before Council. Mr. Cohen said it would just be supplemented to the ordinance and Mr. Morrison said Council would be alerted that updates had been made to the reference document. Mrs. Kearns said this is evidence of just how fluid the document is; as the State makes changes, so Murrysville will make changes. WORKSHOP ITEMS COMMUNITY DEVELOPMENT: 11A. DISCUSSION OF POTENTIAL REVISIONS TO DRAFT ORDINANCE NO. 930-15, AN ORDINANCE AMENDING THE ZONING ORDINANCE REGULATING OIL AND GAS DRILLING. Municipal Planner Allen Cohen reminded Council that the actual draft with suggested revisions was presented at the last Council meeting. Mr. Cohen presented an overview of the rationale of the best management practices (BMP) section of the ordinance and how they will be utilized in the application process. He said the BMPs are not regulations because most of the BMPs aren’t items that staff has direct authority over; staff can’t enforce something over which DEP or some other agency has jurisdiction. Mr. Cohen reminded Council that staff looked at BMPs proposed by several different groups, each of which is establishing practices which it feels can be done to make drilling a better, safer, more efficient operation and trying to reach a pinnacle that will solve or not car 7/22/2016 Regular Voting Meeting – Wednesday, July 6, 2016 cause problems. The intent of the BMPs is that they be used as a vehicle for the applicant to demonstrate how they meet the Municipality’s objectives of satisfying the public health, safety and welfare in terms of their operations. The common theme in all of the different organizations’ BMPs is that they are encouraging good planning, pre-planning and operational planning of the drill operation, which will result in better outcomes. Mr. Cohen said that some members of Council had submitted suggestions/comments and felt it would now be appropriate to discuss those issues. Mr. Morrison said that if there are no other comments to come forward, staff could take the ordinance as it now exists, put the comments in and make it available to Council as a complete document to then be discussed at the next meeting. Mr. Lorenz said that, because Council has not had an opportunity to see all of the comments, he felt that more time for review of the document is needed. Mr. Morrison asked that any additional comments be provided to him by the end of the week and he hoped to have the final BMP document posted by July 8. Mr. Kepler suggested that the source date should be listed with each comment so it can be determined how old each one is. Mr. Cohen said that some of the suggestions have already been superseded by 78A as regulations, not necessarily BMPs. Mr. Lorenz asked if there would be a way, to the extent 78A addresses these topical areas, to insert a tab as a reference. Mr. Morrison said staff will look at 78A and see if there is a way to marry the two. Mr. Cohen said there is a red-line version of 78A which shows what was changed in the most recent editions. Mr. Lorenz noted that this wasn’t probably a useful exercise right new because 78A, in its present form, will probably not be how it will end up. A member of the audience commented that 78A will end up in the current form. Paul Burke, the attorney for Huntley & Huntley and a Murrysville resident, came forward and said that Regulation 78A is now at the step where it is being reviewed by the Attorney General. Once that is finalized and the AG signs off on it, it will be published and become effective upon publication. COUNCIL - ACTION ITEMS ADMINISTRATION: COMMUNITY DEVELOPMENT: 14A. CONSIDER APPROVAL OF CU-1-16 CONDITIONAL USE, A SITE PLAN REBUILD, INTERSECTION OF US 22 AND SCHOOL ROAD, APPLICATION FOR A CONDITIONAL USE FOR A REBUILD OF A CONVENIENCE STORE/GASOLINE STATION AT THE INTERSECTION OF US 22 AND SCHOOL ROAD, SHEETZ. Ms. Lee moved to approve CU-1-16 with conditions contained in Section 7 of the report [provided to Council]. Mr. Spadaro seconded. Mr. Morrison asked if the applicant agreed with the conditions. Jim McCormick, attorney for Sheetz, said that the applicant agrees. Mr. Cohen noted that the applicant provided revised architectural elevations demonstrating the compliance with the glazing on the east side of the building. There were no questions from Council. car 7/22/2016 Regular Voting Meeting – Wednesday, July 6, 2016 Upon a roll call vote: Mr. Kepler – yes, Ms. Lee – yes, Mr. Spadaro – yes, Mrs. Kearns – yes, Mr. Perry – yes, Mr. Lorenz – yes. Motion approved. 14B. CONSIDER APPROVAL OF SP-3-16, SHEETZ REBUILD, LAND DEVELOPMENT, CONVENIENCE STORE/GASOLINE STATION AT THE INTERSECTION OF US 22 AND SCHOOL ROAD, SHEETZ. Ms. Lee moved to approve SP-3-16, with conditions contained in Section 7 of this report. Mr. Perry seconded. Mr. Kepler asked about the proposed timeline for the construction. Robert Franks, Permitting & Engineering Manager for Sheetz, explained that the store will close in December/January, depending on when the building permits are obtained with the store re-opened by early spring. Mrs. Kearns had concerns with the proposed landscaping: she said she loves the trees along Rt. 22, but did not like over 100 blue holly bushes which are to be approximately 4’ high. She said people in little cars won’t be able to see vehicles coming along Rt. 22 or around the corner from School Road. She also said deer love hollies and, with a major park across the road, she doesn’t want to provide a “salad bowl” for the deer. She suggested going back to the landscaper to find something that won’t draw the deer out of the park. Ms. Lee amended the motion to approve subject to a submittal and acceptance of a revised landscape plan. Mr. Kepler seconded. Upon a roll call vote: Mr. Kepler – yes, Ms. Lee – yes, Mr. Spadaro – yes, Mrs. Kearns – yes, Mr. Perry – yes, Mr. Lorenz – yes. Amended motion approved. The applicant is agreeable to the condition. On the original motion, as amended, upon a roll call vote: Mr. Kepler – yes, Ms. Lee – yes, Mr. Spadaro – yes, Mrs. Kearns – yes, Mr. Perry – yes, Mr. Lorenz – yes. Original motion, as amended, approved. 14C. CONSIDER APPROVAL OF SP-2-16, CONLEY AUTOMOTIVE SERVICE, 5800 WILLIAM PENN HIGHWAY, ACROSS FROM MANORDALE FARMS. Mr. Lorenz moved to approve SP-2-16 with conditions as listed in the staff briefing. Mr. Spadaro seconded. Bruce Conley, the applicant, advised Council that he has looked over the conditions and restrictions imposed by Council and he is in agreement with all of them. Mr. Morrison noted that added provisions included the paint booth permit, recycled asphalt and revised landscaping plan. Mr. Kepler asked about the hours of operation. Mr. Perry asked about the sightline distance on the side of the building because of the requested variance to include the “approved architectural materials” on 30 feet back. Mr. Conley’s representative said if traveling westbound on Route, because of the topography and the revised landscaping, the building can’t be seen until almost parallel with the building; Mr. Conley presented pictures of the site showing where it will sit in relation to Route 22. Mr. Kepler asked about the distance from the proposed facility to the first house in Manordale Farms and was told that, from the face of the building to the nearest house, it is about 450’. Also, the elevation of the back of the closest house is about 45’ above the elevation. Mr. Kepler asked how much the noise dissipated and if there would be complaints from the Manordale Farms residents about the noise from the air wrenches and other equipment. Mr. Conley said the building was set car 7/22/2016 Regular Voting Meeting – Wednesday, July 6, 2016 back far from the traffic noise in order to eliminate that problem and the business closes at 4:30, so there will be no noise in the evening when there is less traffic noise. Ms. Lee noted that Mr. Conley applied for a waiver on the building materials on the rear of the building (metal) and inquired about the durability. Mr. Conley said the material has a 25-year warranty and will be gray in color. There were no further questions from Council. Upon a roll call vote: Mr. Kepler – yes, Ms. Lee – yes, Mr. Spadaro – yes, Mrs. Kearns – yes, Mr. Perry – yes, Mr. Lorenz – yes. Motion approved. ENGINEERING: 15A. CONSIDER AWARD OF A CONTRACT FOR THE CROWFOOT ROAD BRIDGE DECK REPAIR PROJECT. Mr. Kepler moved to award the contract to Gulisek Construction at a cost of $67,600.00. Ms. Lee seconded. Municipal Engineer Joe Dietrick told Council that this company is a top-rated firm and is a PennDOT approved contractor. Once the documents are provided to the contractor, work should begin within a week and completed by August 19, assuming there are no further problems found. Upon a roll call vote: Mr. Kepler – yes, Ms. Lee – yes, Mr. Spadaro – yes, Mrs. Kearns – yes, Mr. Perry – yes, Mr. Lorenz – yes. Motion approved. 15B. CONSIDER AUTHORIZATION TO ADVERTISE ORDINANCE NO. 952-16, A TRAFFIC CONTROL ORDINANCE FOR THE FORMER BRANTHOOVER CUTOFF (TANGLEWOOD WAY). Mr. Perry moved to approve the advertisement of Ordinance No. 952-16 amending Murrysville Code, Chapter 210-26, Schedule I: Speed Limits, Chapter 210-35, Schedule X: Stop Intersections and Chapter 210-37, Schedule XII: Weight Limits for Tanglewood Way. Mr. Spadaro seconded. Mr. Morrison explained that the Parkins family donated the right-of-way to the Municipality and, in consideration of that donation, was given the opportunity to name the road. The family chose Tanglewood Way, a former vacation spot enjoyed by them. Upon a roll call vote: Mr. Kepler – yes, Ms. Lee – yes, Mr. Spadaro – yes, Mrs. Kearns – yes, Mr. Perry – yes, Mr. Lorenz – yes. Motion approved. car 7/22/2016 Regular Voting Meeting – Wednesday, July 6, 2016 15C. CONSIDER APPROVAL OF ORDINANCE NO. 951-16, AN ORDINANCE ACCEPTING AN EASEMENT FROM GERALD T. DEIBLE. Ms. Lee moved to approve Ordinance No. 951-16. Mr. Lorenz seconded. Mrs. Kearns noted that the easement is along Sardis Road for the purpose of stabilizing the roadway. There were no questions from Council. Upon a roll call vote: Mr. Kepler – yes, Ms. Lee – yes, Mr. Spadaro – yes, Mrs. Kearns – yes, Mr. Perry – yes, Mr. Lorenz – yes. Motion approved. PUBLIC WORKS AND PARKS: OLD BUSINESS: None. NEW BUSINESS: Mr. Morrison advised Council that, at the next meeting, he would be bringing forth a request from DEP to waive the Land Operations permitting requirement for a project planned in the White Valley area. Mr. Perry asked if Council would be setting a precedent by waiving the requirement on this project. Mr. Morrison said he believes Council is within its right to waive the permitting process; the decision is whether Council wants to or not. Mrs. Kearns asked if Council could get a letter stating that DEP, not the Municipality, is responsible should any problems occur. Mr. Morrison said he would re-read the letter, but DEP has received a waiver from the property owner and he is not sure if there is a hold harmless clause for the Municipality. He said Council could condition waiving the permit on a hold harmless from the State. Mr. Perry said he believes a letter from DEP stating that it is complying with all regulations would suffice; getting an indemnification would be a lengthy process. EXECUTIVE SESSION: None. ACTION ITEMS: None. ADJOURNMENT: Mr. Spadaro moved to adjourn. Mr. Perry seconded. All present voted aye. Motion approved. The Council Meeting concluded at 8:38 p.m. The Regular Voting Meeting was broadcast on local government Channel 19. A true copy of the Council meeting DVD is available for the public to purchase from the Municipality of Murrysville and is in the Murrysville Public Library for review. car 7/22/2016